Law:

Section:

(a) Constitution of Pakistan (1973)----- Art. 203-F read with Art. 185(2)(a)-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(3) & 20(t), first proviso and Penal Code (XLV of 1860), S. 302 read with Criminal Procedure Code (V of. 1898), S. 235-Offences of rape and murder committed in same transaction and tried in one trial by Sessions Court-Contentions that Court trying one case under Ordinance could not try another case under general law and that there should have been two appeals one before Shariat Court against in case under Ordinance and other before High Court in case under Penal Code -Held, rightly repelled by Federal Shariat Court. Muhammad Abbas v. The State 1984 SCMR 129 ref. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)- ----S. 10(3)-Penal Code (XLV of 1850), S. 302 read with Criminal Procedure Code (V of 1898), Ss. 410 & 427-Appeals by complainant and by State before Federal Shariat Court-Bailable warrant of arrest already issued by Court in complainant's appeal in presence of appellant and his counsel-Held, there was no occasion for issuing another warrant for arrest of appellant in State appeal, in circumstances of case. Muhammad Riaz Ahmad v. Ajmal Hussain P L D 1983 S C 233 cited but not examined, (c) Criminal Procedure Code (V of 1898)- -- Ss. 417 & 423 read with S. 342-Appeal against acquittal-Powers of appellate Court-Duty of appellate Court, in appeal under S. 417, to bear accused-Certain circumstances of case not put to accused­ appellant by trial Court under S. 342-Putting of such circumstances to appellant by appellate Court-Held, just and proper and that no illegality can be said to have been committed on such account. (d) Criminal Procedure Code (V of 1898)- -- Ss. 417 & 423-Penal Code (XLV of 1860), S. 302-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3) - Rape and murder committed in same transaction -­Acquittal--Appeal from-Mere difference of opinion on apprecia­tion of evidence not enough for setting aside a of acquittal but where acquittal takes place on appraisal of evidence in manner not permissible under law, appellate Court would have power to…

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